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No warrant arrest? question about rights was they violated? can I sue?

New York, NY |

while sleeping in my bed at 6am naked I was awakened to a warrant police officer on my fire escape peering into my open window telling me to open the door he never stated that he was a officer I screamed for him to get off my fire escape and he kept shouting for me to open the door when I open the door I was told that there was a complaint written against me and that a detective wanted to speak to me the warrant officers advised me that I was not being arrested however they preferred if I came with them to the station after getting dressed I willingly did so. when asked why was a officer on my fire escape in my window while I was nude with out a warrant I was giving several bogus excuses I never had a warrant because however I checked 2 days prior i was arrested that day at the station

The case is still pending I agreed to go because the warrant officers said that I could not meet them downtown although I was not being arrested. I never spoke to the detective however I was still arrested that day. My issue is do a male officer have a right to invade my space and climb up my fire escape without a warrant to look into my open window while im nude. they know whom they were looking for which is a female and without a warrant climbing up a fire escape into someones window seems unjust for a non violent crime GL 3rd at this point it was just a complaint

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Attorney answers 4


That seems a bit unusual. Why did they want you to come on? Was the issue resolved? The answer to your question as far as a lawsuit may depend on the nature of the problem.


If you went to the station voluntarily I don't see an issue. Hire a criminal defense lawyer.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


When you voluntarily comply with requests of the police, such as going to the police station to answer questions, you have waived many rights that you would otherwise be entitled. In almost every situation, it is never a good idea to talk to the police. The only reason they want to talk to you is because they want to charge you with a crime. If you talk to them, anything you tell them will be interpreted in a fashion to support charging you. You should immediately contact a criminal lawyer to discuss the circumstances.

I am licensed to practice criminal and DUI law in VA, not NY. As such, I may be unaware of certain state laws; and therefore, my response may be incorrect or inappropriate. Please use my response for informational purposes only.

Good luck.

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Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


The voyeur aspect and the arrest aspect are discrete. His looking in would constitute plain view...of what exactly, not certain, and being on the fire escape may or may not be considered the "curtilage" of your apt., although an attorney would address that IF it had been the reason and caused your arrest, but it did not. So, by going down voluntarily, issue evaporates. The police can generally lie to you with impunity as to why they want you to come down to the station, and by stepping out of your home, they don't need a warrant to arrest you then or at the station if they have probable cause to arrest you.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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